REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW ON COURTS 31 May 1994, No.I-480 Vilnius a new version of the Law 24 January 2002 No. IX-732 (entry into force on 1 May 2002) as last amended by 17 April 2003 No.IX-1508 (entry into force on 1 May 2003) The Law on Courts shall establish the court system of the Republic of Lithuania, their jurisdiction, organisation, activities, administration and the system of self-governance, their principles, the status of judges, the procedure of selection of candidates to judicial office, the appointment of judges, the system of their  promotion and liability, the social guarantees of judges and other issues relating to courts. The legal regulation of the organisation and activities of courts, the status of judges and related issues shall be based on the universally recognised principles of law laid down in the Constitution of the Republic of Lithuania, other laws and international agreements to which the Republic of Lithuania is a party - respect for human rights and freedoms, among them - the right of everyone to a judicial remedy, to a fair and public hearing by an independent and impartial tribunal, the principle of separation of powers under which justice in the Republic of Lithuania is administered only by courts, the rule of law, independence of courts and judges, autonomy of courts to organise their functioning, their financial independence from other state government institutions and decisions of the officials, self-regulation and self-governance of courts, other principles of the structure of courts, the status of judges and the judicial proceedings.           PART I GENERAL PROVISIONS CHAPTER I FUNDAMENTAL PRINCIPLES OF ORGANISATION AND ACTIVITIES OF  COURTS Article 1. Administration of Justice 1. Justice in the Republic of Lithuania shall be administered only by courts. 2. Court judgements shall be delivered on behalf of the Republic of Lithuania. 3. Court judgements may be reviewed only by court and only in accordance with the procedure prescribed by the law. Article 2. Independence of Courts In the administration of justice, courts shall be independent from other  state government institutions, officials, political parties, political and public organisations and other persons. Article 3. Independence of Judges 1. The guarantees of the independence of judges and the status of judges shall be laid down in the Constitution of the Republic of Lithuania, this Law, other laws and legal acts. 2. When administering justice, judges shall act impartially and obey only the law. 3. When administering justice, judges shall be independent from the parties to the proceedings, the court administration, other judges, state government institutions, officials and other persons. Judges may not be exposed to any political, economic, psychological or social pressure or any other unlawful influence which might affect their decisions. 4.  No person shall have the right to demand a judge to account for a judgement rendered in a specific case. 5. Judges shall be provided social guarantees commensurate with their status and ensuring their independence. Article 4. Right to Judicial Remedy 1. Nationals of the Republic of Lithuania shall have the right to judicial remedy against encroachment on their rights and freedoms laid down in the Constitution of the Republic of Lithuania and the laws, as well as in the international agreements to which the Republic of Lithuania is a party. 2.  Foreign nationals and stateless persons shall enjoy the same rights to judicial remedy as the nationals of the Republic of Lithuania unless the laws and international agreements of the Republic of Lithuania provide otherwise. 3. Enterprises, agencies, organisations and other institutions shall also have the right to judicial remedy. Article 5.  Right to a Hearing within a Reasonable Time by an Independent and Impartial Court 1. Everyone shall be entitled to a fair hearing by an independent and impartial court established by  law. 2. The court, in all its activities, must ensure that the hearing of a case be fair and public and within a reasonable time. Article 6. Equality before the Law and the Court 1.  Everyone shall be equal before the law and the courts. 2. No one’s rights may be limited nor may he been given any privileges on account of his sex, race, nationality, language, origin, social position, religious belief, convictions, views or any other circumstances. Article 7. Public Hearing 1. Courts shall have a public hearing of cases, save in the circumstances provided by law. 2. Judgements handed down by the court shall be pronounced publicly. Article 8. Language of Court Proceedings   1. Court proceedings in the Republic of Lithuania shall be held in the state language. 2. The right of persons who do not know the state language to participate in the proceedings shall be guaranteed through an interpreter. Article 9. Binding Character of Court Judgements 1. Effective court judgements shall be binding on all state authorities, officials and employees, enterprises, agencies, organisations, other legal and natural persons and must be enforced on the whole territory of the Republic of Lithuania. 2. The procedure for the recognition and enforcement on the territory of the Republic of Lithuania of the judgements of foreign courts, international courts and courts of arbitration shall be established by the laws of the Republic of Lithuania and the international agreements to which the Republic of Lithuania is a party. Article 10. Self-Governance of Courts 1. Independence of courts determines their organisational autonomy which is realised through judicial self-governance. 2. Self-governance of courts is based on representation, elections, accountability of their executive bodies as well as on the responsibility of the institutions of self-governance of courts for a proper performance of the functions assigned to them. 3. The institutions of self-governance of courts shall report periodically about their activities to the highest body of self-governance - the General Meeting of Judges. Article 11. Financial Guarantees and Working Conditions for the Functioning of Courts 1. Independence and autonomy of courts shall be ensured by financial guarantees and adequate working conditions stipulated by this Law. 2. Working conditions and technical equipment in courts must be in line with the advances of science and technology, taking account of the economic potential of the State. 3. It shall be prohibited to worsen the financial, working and technical conditions for the functioning of courts provided by the law.  When the economic and financial situation of the country deteriorates considerably, the Seimas may review the working and financial conditions for the functioning of the courts. PART II COURT SYSTEM OF THE REPUBLIC OF LITHUANIA JURISDICTION OF THE COURTS CHAPTER II COURTS OF THE REPUBLIC OF LITHUANIA Article 12. Court System of the Republic of Lithuania. Establishment of Courts 1. The system of courts and their jurisdiction shall be established by the Constitution of the Republic of Lithuania, this Law and other laws. The courts of the Republic of Lithuania shall be instituted by law. 2. A uniform court system of the Republic of Lithuania shall be made up of the courts of general jurisdiction and courts of special jurisdiction. 3. The Supreme Court of Lithuania, the Court of Appeals of Lithuania, district and regional courts shall be the courts of general jurisdiction dealing with civil and criminal cases. District courts shall also hear cases of administrative offences coming within their jurisdiction by law. When hearing a civil case, a court of general jurisdiction may also hand down a decision on the lawfulness of an individual administrative act. 4. The Supreme Administrative Court of Lithuania and regional administrative courts shall be courts of special jurisdiction hearing disputes arising from administrative legal relations. 5. Other courts of special jurisdiction may be established for hearing labour, family, juvenile, bankruptcy cases as well as cases of other categories. 6. No courts having special powers may be established in Lithuania in peacetime. 7.  The Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania shall exercise jurisdiction over the whole territory of the Republic of Lithuania. The number of other courts and their territorial jurisdiction shall be established by the law. 8. The number of judges of the Supreme Court of Lithuania shall be determined by the Seimas of the Republic of Lithuania subject to the recommendation of the President of the Republic and on the proposal of the Chief Justice of the Supreme Court of Lithuania. 9. The number of judges of the Supreme Administrative Court of Lithuania shall be determined by the President of the Republic on the proposal of the Chairman of the Supreme Administrative Court.    10. The number of judges at other courts shall be determined by the President of the Republic on the proposal of the Judicial Council. 11. Each court shall have a legal personality and shall have a seal with the state emblem of the Republic of Lithuania. Article 13. Reorganisation and Abolishment of Courts 1. Courts shall be reorganised or abolished only by law. 2.  A court may not be reorganised or abolished unless the functions coming under its jurisdiction have been transferred to the jurisdiction of another court. CHAPTER III COURTS OF GENERAL JURISDICTION OF THE REPUBLIC OF LITHUANIA SECTION ONE DISTRICT COURTS Article 14. District Court 1. A district court shall be composed of the Chairman of the court, Vice Chairman/men and other judges. A Vice Chairman may be appointed at a court having at least ten judges. Two Vice Chairmen may be appointed at a district court having more than twenty judges. 2. The Mortgage Department may be instituted at a district court following the procedure prescribed by law. Article 15.  Jurisdiction of a District Court 1. A district court shall be first instance for: 1) civil cases assigned to its jurisdiction by law; 2) criminal cases assigned to its jurisdiction by law; 3) cases assigned to the jurisdiction of mortgage judges; 4)  cases of administrative offences assigned to its jurisdiction; 5) cases relating to the enforcement of judgements and sentences. 2. In cases provided by law, judges of a district court shall perform the functions of a pre-trial judge, an enforcement judge as well other functions assigned to a district court by the law. Article 16. Mortgage Department at a District Court 1. The mortgage department at a district court (hereinafter - the Mortgage Department) shall be established following the procedure set forth in the Law on the Establishment of the Mortgage Register and other laws. 2. The territory over which the Mortgage Department exercises jurisdiction may not coincide with the territory under the of jurisdiction of the district court at which the Mortgage Department has been established. The territory under the jurisdiction of the Mortgage Department shall be determined by the Minister of Justice. 3. The activities of the Mortgage Department shall be regulated by the Law on the Establishment of the Mortgage Register, the Regulations of the Mortgage Register and other legal acts. 4. The Mortgage Department shall have its seal with the state emblem of the Republic of Lithuania and its own bank account. Article 17. Functions of the Mortgage Judge 1. A mortgage judge shall hear, following the procedure established by law, cases involving contractual and judgement mortgages, pledge, other rights in rem, registration of legal facts and things in the registers administered by the Mortgage Department, attachment, recovery from the pledged property, distribution of the recovered amounts among the creditors, and exercise other powers conferred on him under law. 2. A judge of the district court discharging the functions of a mortgage judge may also perform other functions assigned to a judge of a district court. SECTION TWO REGIONAL COURTS Article 18. Regional Court 1. A regional court shall consist of the Chairman, Chairmen of divisions and other judges. 2. A regional court shall have a civil and a criminal division. 3. Judges shall be assigned to the civil division and the criminal division by the Chairman of a regional court taking account of the work load of the judges at the divisions. Article 19. Jurisdiction of a Regional Court A regional court shall: 1) be first instance for civil cases assigned to its jurisdiction by law; 2)  be first instance for criminal cases assigned to its jurisdiction by law; 3) be appeals instance for cases involving judgements,  sentences, rulings,  decisions and orders of district courts; 4) perform other functions assigned to its jurisdiction. SECTION THREE THE  COURT OF APPEALS OF LITHUANIA Article 20. The Court of Appeals of Lithuania 1. The Court of Appeals of Lithuania (hereinafter - the Court of Appeals) shall be composed of the Chairman, Chairmen of the divisions and other judges. 2. The Court of Appeals shall have a civil and a criminal division. 3. Judges shall be assigned to the civil division and the criminal division by the Chairman of the Court of Appeals, taking account of the judges' caseload in the divisions. 4. The Court of Appeals shall have its seat in Vilnius, the capital of Lithuania. Article 21. Jurisdiction of the Court of Appeals  The Court of Appeals shall: 1) be appeals instance for cases involving judgements, sentences, rulings, decisions and orders of regional courts; 2) hear requests for the recognition of the judgements of foreign and  international courts and arbitration awards and their enforcement in the Republic of Lithuania; 3) perform other functions assigned to its jurisdiction. SECTION FOUR THE SUPREME COURT OF LITHUANIA Article 22. The Supreme Court of Lithuania 1. The Supreme Court of Lithuania  (hereinafter - the Supreme Court) shall be composed of the Chief Justice of the Supreme Court, chairmen of the divisions and other justices. 2. The Supreme Court shall have a civil and a criminal division. 3. Justices shall be assigned to the civil division and the criminal division of the Supreme Court by the Chief Justice of the Supreme Court, taking account of the justices' caseload in the divisions. 4. The Supreme Court shall form the Senate of the Supreme Court. 5. Issues pertaining to the organisation and activities of the Supreme Court shall be established by this Law and the Statute of the Supreme Court approved by  law. 6. The Supreme Court shall have its seat in Vilnius, the capital of the Republic of Lithuania. Version of Article 23 until the date of accession of the Republic of Lithuania to the European Union. Article 23. Jurisdiction of the Supreme Court 1. The Supreme Court shall be the only court of cassation for reviewing effective judgements, rulings, decisions and orders of the courts of general jurisdiction. 2. The Supreme Court shall develop a uniform court practice in the interpretation and application of laws and other legal acts. For this purpose the Supreme Court: 1) shall publish the rulings of the plenary sessions as well as the rulings of the chamber of three justices and of the extended chamber of seven justices subject to the approval by the majority of justices of the appropriate division. Interpretation relating to the application of laws and other legal acts in the rulings published in the Supreme Court Bulletin shall be taken into consideration by courts, state authorities and other institutions as well as by other persons when applying these laws and other legislation; 2) shall analyse court practice in the application of laws and other legal acts and provide their interpretation in the form of recommendations; 3) may advise judges about the interpretation and application of laws and other legal acts. 3. The Supreme Court shall also perform other functions assigned to its jurisdiction under the law. Version of Article 23 from the date of accession of the Republic of Lithuania to the European Union  Article 23. Jurisdiction of the Supreme Court 1.  The Supreme Court shall be the only court of cassation for reviewing effective judgements, rulings, decisions and orders of the courts of general jurisdiction. 2. The Supreme Court shall formulate a uniform practice of courts of general jurisdiction in the interpretation and application of laws and other legal acts. For this purpose the Supreme Court: 1) shall publish the rulings of the plenary sessions as well as the rulings of the chamber of three justices and of the extended chamber of seven justices the publication of which has been approved by the majority of justices of the appropriate division. Interpretation relating to the application of laws and other legal acts in the rulings published in the Supreme Court Bulletin shall be taken into consideration by courts, state authorities and other institutions as well as by other persons when applying these laws and other legal acts;  2) shall analyse court practice in the application of laws and other legal acts and provide their interpretation in the form of recommendations; 3) may advise judges about the interpretation and application of laws and other legal acts. 3. The Supreme Court, in accordance with the interpretation by the judicial institutions of the European Union, shall analyse and summarise the practice of courts of general jurisdiction, applying the norms of European Union law; it shall also provide recommendations on the co-operation between the courts of general jurisdiction of Lithuania and the judicial institutions of the European Union in ensuring a uniform interpretation and application of European Union law in the Republic of Lithuania.  4. The Supreme Court shall also perform other functions assigned to its jurisdiction under the law. Article 24. Composition of the Supreme Court Senate 1. The Supreme Court Senate shall be composed of the Chief Justice of the Supreme Court, Chairmen of the civil and criminal divisions and seven justices having the longest record of work at the Supreme Court from each - civil and  criminal divisions. 2. The Chairman of the Supreme Court Senate shall be the Chairman of the Supreme  Court. 3. The Supreme Court Senate shall elect from among its members the Secretary of the Senate for a term of four years. Article 25. Jurisdiction of the Supreme Court Senate The Supreme Court Senate shall: 1) approve summary reviews of court practice in the application of laws and other legal acts in cases of individual categories and provide their interpretation in the form of recommendations; 2) consider the necessity of publishing the materials in the Supreme Court Bulletin, with the exception of cases provided for in subparagraphs 1 and 2, paragraph 2, Article 23 of this Law; 3) consider other issues assigned to the competence of the Supreme Court under the law; 4) consider other issues related to the activities of this court upon the request of the Chairman of the Supreme Court. Article 26. Sessions of the Supreme Court Senate 1. Sessions of the Supreme Court shall be convened by the Chairman of the Supreme Court. 2. Justices of the Supreme Court who are not members of the Senate shall have the right to take part in the sessions of the Supreme Court Senate with a deliberative vote. 3. Chairman of the Legal Affairs Committee of the Seimas, the Minister of Justice, the Chief Justice of the Supreme Administrative Court of Lithuania, the Prosecutor General, the Chairman of the Council of the Bar and, where necessary, other persons shall be invited to the sessions of the Supreme Court Senate. When the above persons are not able to participate in the Supreme Court Senate sessions, the Deputy Chairman of the Legal Affairs Committee of the Seimas, the Vice Minister of Justice, the Deputy Chairman of the Supreme Administrative Court of Lithuania, the Deputy Prosecutor General and the Vice Chairman of the Council of the Bar may attend the sessions of the Supreme Court Senate.  4. Chairmen, vice chairmen, division chairmen and judges of other courts may attend the sessions of the Supreme Court Senate. 5. The agenda of a session of the Supreme Court Senate shall be circulated, and copies of documents and drafts shall be mailed, at least ten days before the session of the Senate, to the members of the Senate, other justices of the Supreme Court, the Chairmen of the Court of Appeals, the Supreme Administrative Court of Lithuania, regional courts, regional administrative courts and district courts, the Chairman of the Legal Affairs Committee of the Seimas, the Minister of Justice, the Prosecutor General, the Chairman of the Council of the Bar, and, where necessary,  to other persons. 6.   A session of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court, and when he is not available - by the Chairman of a division of the Supreme Court acting as the Chief Justice. 7. A session of the Supreme Court Senate shall be valid if it is attended by at least two-thirds of the members of the Senate. Decisions of the Senate shall be adopted by ballot. A decision shall be adopted if more than half of all the members of the Senate present voted in favour. If there is a tie, the Chief Justice of the Senate shall have a casting vote. Article 27. Bulletin of the Supreme Court 1. The Supreme Court shall issue its bulletin "Court Practice" publishing in it periodically: version of subparagraph 1, paragraph 1 until the date of accession of the Republic of Lithuania to the European Union 1) the rulings referred to in subparagraph 1, paragraph 1, Article 23 of this Law; version of subparagraph 1, paragraph 1 from the date of accession of the Republic of Lithuania to the European Union 1) the rulings and recommendations provided for in subparagraph 1, paragraph 2  and paragraph 3,  Article 23 of this Law; 2) summary reviews of court practice in the application of laws and other legal acts in cases of separate categories approved by the Senate and interpretations in the form of recommendations; 3) other materials  the necessity of publication whereof has been approved by the Senate. 2. Publishing of the Supreme Court bulletin shall be financed from the State budget and from the proceeds from sale of the bulletin. Courts and judges of the Republic of Lithuania shall receive the Supreme Court bulletin free of charge. CHAPTER IV ADMINISTRATIVE COURTS OF THE REPUBLIC OF LITHUANIA SECTION ONE REGIONAL ADMINISTRATIVE COURTS Article 28. Regional Administrative Court A regional administrative court shall be composed of the Chairman of the court, the Deputy Chairman/Chairmen and other judges. The Deputy Chairman may be appointed at a court having at least ten judges. Two Deputy Chairmen may be appointed at a regional administrative court having more than twenty judges. Article 29. Jurisdiction of a Regional Administrative Court A  regional administrative court: 1) shall be first instance for administrative cases assigned to its jurisdiction by the law; 2) shall perform other functions assigned to its jurisdiction by the law. SECTION TWO SUPREME ADMINSITRATIVE COURT OF LITHUANIA Article 30. The Supreme Administrative Court of Lithuania 1.  The Supreme Administrative Court of Lithuania (hereinafter - the Supreme Administrative Court) shall be composed of the Chairman of the court, the Deputy Chairman and other judges. 2. The seat of the Supreme Administrative Court shall be in Vilnius, the capital of the Republic of Lithuania. Article 31. Jurisdiction of the Supreme Administrative Court 1. The Supreme Administrative Court shall be: 1) first and final instance for administrative cases assigned to its jurisdiction by the law; 2) appeal instance for cases from judgements, decisions, and rulings of regional administrative courts; 3) appeal instance for cases involving administrative offences from decisions of district courts; 4) instance for hearing, in cases established by the law, of petitions on the re-opening of completed administrative cases, cases involving administrative offences among them. 2. The Supreme Administrative Court shall formulate a uniform practice of administrative courts in the interpretation and application of laws and other legal acts.  For this purpose the Supreme Administrative Court: 1) shall publish a report about judgements, decisions and rulings rendered by the plenary session of the Court, judgements, decisions and rulings rendered by a chamber of three judges or an extended chamber of five judges the publication whereof has been approved by the majority of the Court's judges, as well as all judgements on the lawfulness of regulatory administrative acts. Interpretation relating to the application of laws and other legal acts found in the judgements, decisions and rulings which are published in the bulletin of the Supreme Administrative Court shall be taken into account by courts, state authorities and other institutions as well as by other entities when applying these laws and other legal acts; 2) shall analyse the practice of administrative courts in the application of laws and other legal acts and provide their interpretation in the form of recommendations; 3) may advise the judges of administrative courts on the issues of interpretation and application of laws and other legal acts. Article 31 shall be supplemented with a new paragraph 3 and the old paragraph 3 shall be paragraph 4 from the date of the accession of the Republic of Lithuania to the European Union 3. The Supreme Administrative Court shall, in accordance with the interpretation of the judicial institutions of the European Union, analyse and summarise the practice of administrative courts, applying the norms of European Union law and provide recommendations for the co-operation between the administrative courts of Lithuania and the judicial institutions of the European Union in ensuring a uniform interpretation and application of the legal acts of the European Union in the Republic of Lithuania.   4. The Supreme Administrative Court shall exercise other functions assigned to its jurisdiction by the law. Article 32. The Bulletin of the Supreme Administrative Court   1. The Supreme Administrative Court shall issue its bulletin under the title "Practice of Administrative Courts" publishing in it periodically: subparagraph 1 of paragraph 1 until the date of the accession of the Republic of Lithuania to the European Union 1) judgements, decisions  and rulings referred to in subparagraph 1, paragraph 2 of Article 31 of this Law; subparagraph 1, paragraph 1 from the date of the accession by the Republic of Lithuania to the European Union 1) judgements, decisions, rulings and recommendations referred to in subparagraph 1, paragraph 2  and paragraph 3, Article 31 of this Law; 2) summary reviews of court practice in the application of laws and other legal acts in cases of separate categories and their interpretation in the form of recommendations; 3) other materials the publication of which has been approved by the majority of judges. 2. Publishing of the Supreme Administrative Court bulletin shall be financed from the State budget and from the proceeds of sale of the bulletin. The courts and judges of the Republic of Lithuania shall receive the bulletin free of charge. CHAPTER V COURT HEARINGS Article 33. Sources of Law in Court Hearings 1. When hearing cases courts shall be guided by the Constitution of the Republic of Lithuania, this Law and other laws, international agreements to which the Republic of Lithuania is a party, resolutions of the Government, other legal acts in force in the Republic of Lithuania which are not in conflict with the laws. 2. When hearing cases courts shall also be guided by the officially reported decisions of the Constitutional Court of the Republic of Lithuania and shall take account of the orders of the Supreme Court published in the bulletin of the this court and the decisions, rulings and orders of the Supreme Administrative Court published in the bulletin of the Supreme Administrative Court. Article 33 shall be supplemented with paragraph 3 from the date of the accession of the Republic of Lithuania to the European Union 3. When hearing cases courts shall apply the norms of European Union law and shall apply the judgements of the judicial institutions of the European Union as well as the preliminary rulings pertaining to the interpretation and validity of legal acts of the European Union. Article  34. Underlying Principles of Court Hearings 1. Court hearings shall be founded on the following principles: equality of the parties, the right to legal assistance, the right to due process, expeditious and least expensive proceedings, the right to be heard, the adversarial procedure, presumption of innocence, impartiality of the court, public hearing, the right to be tried in one’s presence and prohibition of the abuse of process. 2. If the judge is a party to a case where the case is within the jurisdiction of a court where he/she or his/her spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters as well as the children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters of the spouse are judges at this court (with the exception of the Supreme Court, the Court of Appeals and the Supreme Administrative Court), the Chairman of a superior court shall assign the case for hearing at a different court of the same level.  The same rule shall apply where the above relatives of the judge are a party to the case. 3. A mortgage judge where he or his relatives referred to in paragraph 2 of this Article are parties to the case may not hear a case, perform actions related to levying execution against his property or the property of the above persons. If the Mortgage Department has only one mortgage judge the Chairman of a district court shall direct another judge of the same court to perform the above actions. 4. Courts may establish specialisation of judges for hearing certain categories of cases. Article 35.  Symbols in the Courtroom and Distinguishing Marks of the Participants of the Hearing 1. There must be the state flag of Lithuania and the state emblem of Lithuania in a courtroom. 2. During a court hearing the judges shall wear gowns and insignia with the state emblem of Lithuania. 3.  During a court hearing the lawyers and prosecutors shall wear gowns. Article 36. Composition of the Court  1. Cases at a district court shall be heard by one judge who has all judicial powers provided for by procedural laws. In cases established by the law a hearing at a district court may take place before a chamber of three judges. 2. Cases at a regional administrative court and a regional court shall be heard by a chamber of three judges, and in cases established by the law - by one judge. 3. Cases at the Supreme Administrative Court shall be heard by a chamber of three judges, an extended chamber of five judges or a plenary session of the Supreme Administrative Court. 4. Cases at the Court of Appeals shall be heard by a chamber of three judges. 5. Cases at the Supreme Court shall be heard by a chamber of three judges, an extended chamber of seven judges or a plenary session of a division of the Supreme Court. 6. Chairmen of district courts, the Court of Appeals and the Chief Justice of the Supreme Court may hear cases in the chamber of any division of the appropriate court, and the Chief Justice of the Supreme Court - also at a plenary session of any division of the Supreme Court. 7. A plenary session of the Supreme Administrative Court shall be presided over by the Chairman of this Court, and during his absence at the plenary session of the Court - by the Vice Chairman. A plenary session of the Court shall be valid where it is attended by at least two-thirds of the judges of the Court.  A decision shall be handed down by the majority of votes of the judges present at the plenary session. In the event of a tie - the presiding judge shall have the casting vote. 8.  A plenary session of a division of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court and if he is unavailable during a plenary session - by the chairman of the division in which the case is heard on the appointment of the Chief Justice.  Where both the Chief Justice of the Supreme Court and the Chairman of the division in which a case is heard are unavailable during a plenary session, the session shall be presided over by one of the judges of the division in which the case is heard on the appointment of the Chief Justice of the Supreme Court. A plenary session of a division of the Supreme Court shall be valid if it is attended by at least two-thirds of the judges of the division. The plenary session of a division of the Supreme Court, when hearing a case which has been re-opened, may, by order of the Chief Justice of the Supreme Court, be attended by the judges of another division. A decision shall be adopted by the majority of votes of the judges attending the plenary session.  In the event of a tie - the presiding judge shall have the casting vote. Article 37. Resolution of Disputes over Jurisdiction 1. Disputes over the jurisdiction of a court of general jurisdiction and an administrative court shall be resolved in a written procedure by a special chamber of judges composed of the Chairman of the Civil Division of the Supreme Court, the Vice Chairman of the Supreme Administrative Court and two judges - one assigned by the Chairman of the Civil Division of the Supreme Court, another by the Vice Chairman of the Supreme Administrative Court. 2. Courts of general jurisdiction shall file reasoned applications or rulings on deciding the issues of jurisdiction with the Supreme Court, and administrative courts - with the Supreme Administrative Court. 3. Sessions of a special chamber of judges shall be presided over by the Chairman of the Civil Division of the Supreme Court. Decisions shall be delivered by consensus or a majority of votes of the members of the chamber. In the event of a tie -  the presiding judge shall have the casting vote. A ruling on the jurisdiction of a case shall not be subject to appeal. Article 38. Recording of the Course of a Court Hearing and Outcome of Cases 1. In cases provided by procedural laws, a record/verbatim record of the course of a court hearing shall be made by the clerk of the hearing. 2. The contents and the structuring of the text of the record shall be established by procedural legislation. 3. For the purposes of recording the course of a court hearing, taking down and examining the testimonies, the hearing may, following the procedure established by procedural laws, be audio- and video-recorded, filmed and photographed, or any other technical equipment may be used.  A reference shall be made in the record of the court hearing about the use of technical equipment, and the recordings or any other results of the use of technology shall be attached to the record of the court hearing or kept in the file of the case. 4. Parties to the proceeding, in exercising their procedural rights, may, in accordance with the procedure laid down in procedural legislation make an audio-recording of the court hearing. 5. Other persons shall be prohibited from filming, taking photos, audio- and video recording and using other technologies during a court hearing. A person who violates the prohibition on the use of technical equipment during a court hearing shall be held liable under the law. 6. At the close of a hearing  the court  shall hand down a decision. The contents of the decision and the procedure of handing it down shall be set forth in procedural laws. Article 39. Publication of Court Decisions 1. After hearing of the case the judgement, sentence, decision or ruling handed down by the court shall be announced publicly, following the procedure laid down by the law. 2. In cases provided by the law, a court judgement may be announced in the mass media. 3. The National Court Administration shall, following the procedure established by the Judicial Council,  make public judgements, sentences, decisions and rulings which have been handed down in cases involving a public interest by regional administrative courts, regional courts and the Court of Appeals and which have become effective, as well as the substantive provisions of judgements,  sentences, decisions and rulings handed down in camera, with the exception of cases prohibited by the law. 4. Judgements, decisions and rulings of the Supreme Administrative Court established by this Law shall be published in the bulletin of the Supreme Administrative Court and shall be made available on its Internet web site. 5. Decisions and rulings of the Supreme Court established by this Law shall  be published in the bulletin of the Supreme Court and shall be made available on the Internet web site.   6. In the cases referred to in paragraphs 2, 3, 4 and 5 of this Article, court judgements, sentences, decisions and rulings shall be made public without violating the requirements for the protection of personal data, state, official, commercial, professional and other secrets protected by the law, and in compliance with the other restrictions and prohibitions provided by the law. Article 40.  Judicial Co-operation in Respect of Legal Assistance The courts of the Republic of Lithuania which need for court hearings  information or legal assistance from another country, shall contact foreign courts and other institutions or international organisations in accordance with the procedure laid down in the laws of the Republic of Lithuania and international agreements to which the Republic of Lithuania is a party. The Law shall be supplemented with Article 401 from the date of the accession of the Republic of Lithuania to the European Union Article 401. Referral to Judicial Institutions of the European Union 1. A court which, in the application of the norms of European Union law faces an issue involving the interpretation or validity of legal acts of the European Union that has to be examined before passing a judgement in the case, shall have the right to refer to a competent judicial institution of the European Union with a request to provide a preliminary ruling on the issue. 2. The Supreme Court and the Supreme Administrative Court as well a the court which is last instance in the adjudicated case (where a judgement may no longer be appealed against), must, in the case specified in paragraph 1 of this Article, refer to a competent judicial institution of the European Union for a preliminary ruling on the issue of the interpretation or application of the legal acts of the European Union. PART  III JUDGES CHAPTER VI STATUS OF JUDGES. STATUS SYMBOLS SECTION ONE POWERS, RIGHTS AND DUTIES Article 41. Powers of Judges 1. A judge shall be a civil servant having the powers of state authority provided in this Law and other laws.            2. Requirements of a judge relating to the administration of justice shall be mandatory for all the government institutions, officials and employees, enterprises, agencies, organisations, other legal and natural persons. Liability provided by the law shall be incurred for non-compliance with the requirements of a judge. Article 42. Status Symbols of the Judges 1. When administering justice, judges shall have the following status symbols - a judge's gown and insignia with the state emblem of Lithuania. 2. Following his appointment, a judge shall be issued a certificate of a judge signed by the President of the Republic or the Chairman of the Seimas. The certificate shall be valid for the whole term of the judge's office. 3. Samples of the status symbols of the judge and of the judge's certificate shall be endorsed by the President of the Republic on a proposal of the Judicial  Council. Article 43. Duties of the Judge 1. A judge must abide by the Constitution and other laws of the Republic of Lithuania and meet the requirements set out in of the Rules of Judicial Conduct. 2. Apart from administration of justice, a judge shall also perform other duties assigned by the law to the jurisdiction of the court where he works.       3.  A judge must notify in writing the Chairman of the court about the judicial proceedings to which the judge himself is a party. The judge must also notify in writing the Chairman of the court about the judicial proceedings to which the judge's spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters also the children/adopted children, parents/adoptive parents, brothers, sister/adoptive brother, sisters of his spouse are a party if the case where the judge works falls within the jurisdiction of the court where the judge works. 4. A judge must undergo regular health checks, following the procedure approved by the Judicial Council and endorsed by the Ministers of Health and of the Interior. 5. A judge shall be held liable in accordance with the procedure defined in this Law for failure to perform his duties as a judge. Article 44. Rights and Freedoms of the Judge 1. A judge shall enjoy the rights and freedoms of a citizen of the Republic of Lithuania enshrined in the Constitution and laws of the Republic of Lithuania. 2. The procedural rights of a judge shall be set forth in procedural legislation. 3. Judges shall have the right to freely form professional judicial associations and other non-political organisations protecting the rights of judges, representing their interests and meeting their professional needs. 4. A judge shall have the right to represent in court his own interests, the interests of his under-age children and of the persons whose guardian or curator he is. SECTION TWO GUARANTEES OF THE INDEPENDENCE OF THE JUDGICIARY Article 45. Stability of Judicial Powers 1. A judge may be appointed, transferred, dismissed or removed from office only on the grounds and in accordance with the procedure set out in the Constitution of the Republic of Lithuania and this Law. 2. A person shall be appointed to a judicial office for a fixed period of time. 3. The term of office set for an appointed judge may not be reduced. 4.  A judge may be appointed to a court of a lower level or of a different jurisdiction only upon his consent, except in the cases where a person’s appointment as a judge of a lower level is applied as a disciplinary measure. 5. When courts are reorganised or liquidated under the law, judges of these courts are transferred to other courts of the same level. Where there is no possibility to do that, judges may be appointed, subject to their consent, to a judicial office of a lower level court.  In this case, additional social guarantees set forth in this Law shall be provided to them. Article 46. Prohibition of Interference with the Judge 1. It shall be prohibited to interfere with a judge in order to exert influence on the course or outcome of a case. 2. Rallies, pickets or any other actions of individuals or their groups, taking place at a distance closer than 75 metres from the court building or inside the court building, if they are intended to influence a judge or the court, shall be regarded as  interference with a judge or the court. 3. Persons who, by act or omission, obstruct the course of justice by the court, exert unlawful influence on the course or outcome of the case shall be held liable under the law.  Article 47. Immunity of the Judge 1. Liberty of the judge may not be restricted without the consent of the Seimas, and between the sessions of the Seimas - without the consent of the President of the Republic. 2.  It shall be prohibited to enter the residential or office premises of the judge, to carry out examination, search or seizure therein or in his personal or official car or any other personal vehicle, to carry out his personal examination or body search, examination or seizure of his personal belongings and documents except in cases provided by the law. 3. If a judge is suspected of or charged with the commission of a criminal act his powers may be suspended by the Seimas, and between the sessions of the  Seimas - by the President of the Republic. The powers of the judge shall be suspended until the judgement in a criminal suit becomes effective. If the judge is found not guilty his powers shall be renewed and he shall be paid the salary due to him for the period of suspension of his powers. 4. No administrative action may be taken against the judge. If the judge commits an administrative offence the matter shall be referred to the Commission of Judicial Ethics and Discipline. 5. A judge detained without any personal documents and brought to any law enforcement institution shall be released immediately after his identity has been established. 6.  A judge or the court shall not be liable for the damage caused to a party to the proceedings because of an unlawful or unsubstantiated decision. The damage shall be compensated by the State in the cases and in accordance with the procedure prescribed by the law. Pecuniary and non-pecuniary damage caused to an individual by a criminal act of the judge when administering justice and compensated by the State shall be recovered from the judge by recourse.  Article 48. Work and Activity outside the Court 1. A judge may not hold any other elective or appointive posts, work in business or any other private offices or enterprises, the only exception being teaching or creative activities. 2.  A judge shall be free to participate in the activities of the institutions of self-governance of courts. During his work at the institutions of self-governance of courts the workload of a judge at the court where he works shall be reduced accordingly. 3. A judge may be a member of committees/groups which are drafting laws, international agreements and other legal acts, if such activities do not interfere with his judicial duties. A judge shall inform the Chairman of the court where he works about such activities. A judge may, in accordance with the procedure prescribed by law, act as a representative of the Republic of Lithuania at international organisations. 4. A judge may not receive any other remuneration except the judge's salary and remuneration for teaching or creative activities. 5. A judge may not participate in the activities of political parties and any other political organisations. 6. A judge shall be immune from compulsory military service. Article 49. Protection of the Judge, Members of His Family and Their Property 1. Physical protection of a judge and members of his family, when there is a imminent threat to their life, health or their property connected with the discharge of judicial duties, shall be guaranteed in accordance with the procedure established by the Government or an institution authorised by it. 2. Damage caused by injury, destruction or stealing of the property belonging to a judge or members of his family connected with the discharge of judicial duties shall be compensated for by the State following the procedure established by the Government. Article 50. Other Guarantees of Judicial Independence 1. The State shall guarantee, by financial and organisational technical measures, adequate conditions of work for the judges and the courts. 2. The State shall also ensure other guarantees of judicial independence set forth in laws and other legal acts. CHAPTER VII SELECTION OF JUDICIAL CANDIDATES , APPOINTMENT AND PROMOTION OF JUDGES SECTION ONE REQUIREMENTS FOR JUDICIAL CANDIDATES OF THE DISTRICT COURT AND THEIR SELECTION Article 51. Requirements for an Candidate for Judicial Office at the  District Court 1. A judicial vacancy at a district court may be filled by a national of the Republic of Lithuania of high moral character, having a university degree in law, possessing the qualifications required under the law, who has submitted a health certificate, is a person of at least of  five years’ standing in the legal profession and has passed the judicial examination. A person having a Doctor’s or Habil. Doctor’s of Social Sciences (Law) degree, also a person of at least five years’ standing as a judge, if not more than five years have lapsed since he last held that position, shall be exempt from sitting for the judicial examination.     2. Legal education obtained abroad shall be recognised in accordance with the procedure established by the Government. Article 52. High Moral Character 1. A person may not be held to be of high moral character and may not be appointed a judge if: 1) by an effective court judgement he has been found guilty of the commission of a criminal offence; 2) he has been dismissed from the position of a judge, a prosecutor, a lawyer, a notary, a bailiff, a police officer or an employee of  the system of the interior or from the public service for professional  misconduct or misconduct in office and if less than five years  have lapsed after the dismissal;  3) he abuses psychotropic substances, narcotic drugs, toxic substances or alcohol; 4) he does not meet other requirements of the judicial code of conduct. Article 53. Length of Service in the Legal Profession 1. The length of service in the legal profession shall be calculated from the moment when the person  acquired a university degree in law as provided in Article 51 of this Law and took up an office specified in the list of legal professions. 2.  A list of legal professions shall be approved by the Government or an institution authorised by it. 3. When in doubt about a person's length of service in the legal profession, the length of service necessary for holding the post of a judge shall be determined by the Commission for Recognition of the Length of Service in the Legal Profession. 4. The regulations of the Commission for Recognition of the Length of Service in the Legal Profession shall be approved by the Minister of Justice. 5. In the conclusions of the Commission for Recognition of the Length of Service in the Legal Profession, the length of service in the legal profession of a person shall be indicated. 6. The decision of the Commission for Recognition of the Length of Service in the Legal Profession may be appealed against to an administrative court. Article 54. Judicial Examinations Commission 1. The judicial examinations commission composed of seven persons shall be formed for a period of three years by the Judicial Council. At least four members of the commission must be judges. The Chairman of the Judicial Council shall nominate to the examination commission two judges and one academic having a law degree, whereas the largest judicial association and the Minister of Justice shall each nominate one judge and one academic having a law degree. The Judicial Council shall appoint one member from the judicial examinations commission the chairman of the commission. 2. A meeting of the judicial examinations commission shall be valid if at least five members of the commission are present. 3. A decision of the candidates’ for judicial examinations commission about the results of the examination may be appealed against to the Judicial Council within ten days after its announcement. A decision of the Judicial Council shall be final. 4. The regulations of the candidates’ for judicial office examination commission  and the examination programme shall be subject to the approval of the Judicial Council. Article 55. List of Candidates for Judicial Vacancies at the District Court 1. A person who meets the requirements for judicial office and who has passed the examination shall be entered in the list of candidates for judicial vacancies at a district court. The list as well as the personal files of the candidates for judicial office shall be maintained by the National Courts Administration. 2. The procedure for entering persons in the list of candidates for judicial vacancies at a district court shall be approved by the Judicial Council. 3. The list of candidates for judicial vacancies at a district court shall be submitted to the President of the Republic, the Judicial Council and the Selection Commission.   Article 551. Selection of Candidates for Judicial Vacancies and the Selection Commission 1. Selection of the candidates for judicial office shall be made for the President of the Republic by the Selection Commission. The Selection Commission shall be composed of seven persons and shall be formed for a period of three years. The President of the Republic, the Chairman of the Judicial Council and the Chairman of the Seimas shall each appoint two members of the Commission, and one member shall be appointed by the Minister of Justice. The Chairman of the Judicial Council shall appoint the Chairman of the Selection Commission from among the members of the Commission. Members of the Judicial Council may not be appointed members of the Selection Commission. 2. The selection of the candidates for judicial office shall be made pursuant to the selection regulations which shall be subject to the approval by the Judicial Council. When selecting candidates for judicial office at a district court, the skills, professional and personal qualities, general competence and priority advantages of the candidates shall be taken into account.  The criteria for the assessment of the candidates for judicial office shall be determined by the Judicial Council.  3. A meeting of the Selection Commission shall be valid if at least five members of the Commission are present at the meeting.  Decisions shall be taken by a majority of votes of all the members of the Commission. 4. The Selection Commission shall submit its conclusion about the candidates for  judicial office to the President of the Republic 5. By the procedure set out in Article 691 of this Law, the Selection Commission shall also deal with the issues of selection of persons seeking promotion in judicial office, with the exception of cases specified in Articles 73 and 79 of this Law. 6. The conclusions of the Selection Commission about the candidates to judicial office shall not be binding on the President of the Republic. SECTION TWO APPOINTMENT OF JUDGES AND THEIR OATH Article 56. Appointment of a District Court Judge 1. A judge of a district court shall be appointed by the President of the Republic from the list of candidates to judicial vacancies at a district court. 2. The President of the Republic shall be advised about the appointment of a judge of a district court by the Judicial Council. 3. The President of the Republic, upon receiving the conclusion of the Selection Commission on the candidates for judicial offices, shall submit the names of the specific nominees for consideration by the Judicial Council with a request for its advice. 4. The issue of appointment of the nominees to a judicial vacancy at a district court shall be dealt with during the next meeting of the Judicial Council.  5. After consideration of the appointments to judicial offices, the Judicial Council shall advise the President of the Republic about an individual candidate. The Judicial Council  may advise the President about two or more candidates to a judicial vacancy at a district court. 6. The Chairman of the Judicial Council shall, within five days, communicate in writing to the President of the Republic the decision of the Judicial Council about its advice. Article 57. Judges' Term of Office 1. A person shall be appointed to a judicial office at a district court for the first time for a term of five years in order to ascertain whether the person qualifies for the office. A person may be appointed to hold a judicial office for a term of five years only once.  The appointment of a person to a judicial office at a district court for a term of five years for the second time shall not be regarded as a reappointment if he discharged judicial duties after the first appointment for a term shorter than five years.  Upon the expiry of the five year term, such a person may be appointed a judge of a district court, without a prior examination and selection, by the President of the Republic of Lithuania, for a term until he reaches 65 years of age. 2. Judges of other courts shall, from the outset, be appointed for a term until they are 65 years of age. 3. When a judge of the Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania, a regional court and a regional administrative court reaches the age of 65, his term of office may be extended by the institution which appointed him until he reaches the age of 70. In such cases the judge wishing to have an extension of his term of office shall apply to the President of the Republic. The issue in respect of extension of the judge's term of office shall be decided in accordance with the procedure for the appointment of a judge of an appropriate court as laid down in this Law. 4. Before the expiry of the terms of office specified in paragraphs 1, 2 and 3 of this Article, the powers of a judge may be terminated only in cases of dismissal or removal of a judge from office as laid down in the Constitution of the Republic of Lithuania and this Law. 5. If a judge's term of office expires while a case is still pending, he may continue in office to complete the hearing of the case or until the hearing is postponed. Article 58.  Appointment and Replacement of a Mortgage Judge 1. A judge of a district court having the Mortgage Department may be assigned to discharge the functions of a mortgage judge.  The judge's competence to discharge the duties of a mortgage judge shall be determined by the Chairman of a district court. 2. Performance of the functions of a mortgage judge may be assigned to several mortgage judges. 3. When a mortgage judge is ill or when he is not available for some other reasons the Chairman of a district court shall, in accordance with the procedure laid down in paragraph 1 of this Article,  assign another judge of the same court to discharge the duties of a mortgage judge       Article 59.  The Judge's Oath 1. The person appointed a judge, before assuming his duties, shall, in a solemn ceremony, swear an oath to the President of the Republic of Lithuania or the Seimas who have appointed him. The text of the oath shall be as follows: "I, judge (name, surname) solemnly swear my allegiance to the Republic of Lithuania, I swear to perform my duties in good faith, to administer justice in accordance with the Constitution and laws of the Republic of Lithuania, to protect human rights, freedoms and lawful interests, to be impartial, honest and humane, to protect the state secrets entrusted to me and always conduct myself as befits the judge. So help me God." 2. The oath may be sworn without the last sentence. 3. When swearing the oath the judge shall wear his gown. 4. The judge shall sign the text of the oath. The text of the oath shall be kept in the judge's personal file. 5. After the oath,  the President of the Republic or the Chairman of the Seimas shall hand to the judge a badge with the state emblem of Lithuania as a  symbol of the judicial authority. 6. A judge shall swear the oath to the President of the Republic or the Seimas only once unless his powers have been suspended. Article 60. Eligibility of a Former Justice of the Consti …